A TOP Bradford barrister has supported the decision of the Director of Public Prosecutions not to bring former MP Lord Janner to trial over child sex abuse claims.
Nick Askins said that, though the situation was unsatisfactory for alleged victims and the public, the DPP was right in law, as Lord Janner would never be fit to face trial.
And Mr Askins, who is head of crime at the Broadway House barristers chambers in Bradford, said the public should have confidence in two inquiries to be held into the Janner case.
The DPP, Alison Saunders, said two weeks ago that there was enough evidence to prosecute the 86-year-old peer for 22 sex offences alleged to have been committed in children's homes between 1969 and 1988. But she said Lord Janner, who has dementia, was too sick to stand trial.
Law firms representing alleged victims have written to the DPP to try to overturn the decision. Lord Janner denies the allegations.
Mr Askins said the Criminal Procedure Insanity and Unfitness To Plead Act was introduced in 1991 to protect defendants who were unfit to stand trial. In such cases, a jury can listen to evidence and make a finding on whether a defendant did the act, and the judge then has a range of measures available.
But the defendant would not give evidence and the jury would not find them guilty or innocent.
Mr Askins said he had not seen the medical evidence in the Janner case, but where somebody was never going to be fit to have a trial and was no longer a risk, it was hard to see the public interest in having a trial which would not result in a verdict.
He said if prosecutors had pursued the case there would have been a strong possibility of the proceedings being halted because they did not properly meet the legislative process.
Mr Askins said: "As a matter of law, the decision of the DPP was right, although you have to accept it leaves an unsatisfactory situation from the point of view of alleged victims and the public. But in a situation like this there are limits to what the criminal law can allow."
He said the Crown Prosecution Service would have abdicated its responsibility if it had proceeded with the case and then left a decision to a judge.
"Even a prosecution that gets stayed at an early stage can incur substantial public expense at a time when resources are under pressure."
An independent inquiry, chaired by Justice Lowell Goddard, examining historical child sex abuse in England and Wales, is to conduct a full investigation into the claims against Lord Janner.
And retired High Court judge Sir Richard Henriques is to review how the CPS handled the Janner case in the past.
Mr Askins added: "Sir Richard Henriques is regarded as a man of great integrity. The public should have great confidence in his inquiry."
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article